Law Commons^™

The North American Great Lakes, Noah D. Hall

Noah D Hall

The Great Lakes are a vast resource shared by two countries, ten states and provinces, and hundreds of Indian tribes or First Nations. They are the quintessential commons that have seen their share of tragedies. Addressing competing pressures of economic development and environmental protection is only part of the challenge. The real struggle has been governance: How is management of an international transboundary resource best accomplished under the legal and political limitations of constitutional federalism? This chapter analyses the international agreements, court decisions, interstate compacts, and federal statutes that created a transboundary water regime, considering in detail the Great Lakes– …

Indonesia As An Archipelago: Managing Islands, Managing The Seas, Robert Cribb, Michele Ford

Robert Cribb

Indonesia's archipelagic character shapes its identity.

Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

The focus of this Article shall be upon the Eighth Amendment of the United States Constitution and s. 12 of the Canadian Charter of Rights and Freedoms, both of which prohibit “cruel and unusual punishment”; and their effect on mandatory criminal sentencing (via penal statute) in the two countries. The Article shall begin by briefly explain the differences between the jurisdictional application of criminal justice in the United States and Canada. The Article will next present and explain the American Eighth Amendment approach to the constitutionality of mandatory criminal sentencing and contrast this to the Canadian s. 12 approach to …

Research In The Biotech Age: Can Informational Privacy Compete?, Wilhelm Peekhaus

Wilhelm Peekhaus

This paper examines the privacy of personal medical information in the health research context. Arguing that biomedical research in Canada has been caught up in the government’s broader neo-liberal policy agenda that has positioned biotechnology as a strategic driver of economic growth, the author discusses the tension between informational privacy and the need for medical information for research purposes. Consideration is given to the debate about whether privacy for medical information serves or hinders the ‘public good’ in respect of medical research, and to discussions of informed consent as an element of ‘fair information practices’ designed to safeguard the privacy …

Personal Health Information In Canada: A Comparison Of Citizen Expectations And Legislation, Wilhelm Peekhaus

Wilhelm Peekhaus

This paper explores whether the Canadian legislative protections in place to safeguard medical privacy meet the expectations of Canadians. An overview of current governance systems designed to protect the privacy of personal health information at both the federal and provincial levels is first presented. This is followed by an empirical analysis of the results of a public opinion survey conducted to determine Canadian attitudes about medical privacy, particularly genetic privacy. The analysis highlights areas where legislation and public opinion converge and diverge.

Canada And Russia In The North Pole: Cooperation, Conflict, And Canadian Identity In The Interpretation Of The Arctic Region, Nick J. Sciullo

Nick J. Sciullo

The Arctic debate touches on a number of important international issues: national security, energy exploration and policy, environmental concerns, and maritime commerce are but a few. The North Pole, the Arctic more generally, is becoming increasingly important to a number of international actors as climate change causes ice to melt and the Arctic's waters become increasingly navigable. The pressure to lay claim to the Canadian North is intense, as countries clamor for the right to firmly plant their flags and lay the foundations for their military bases and research facilities.

Canadians must confront threats to sovereignty that they have not …

The Centennial Of The Boundary Waters Treaty: A Century Of United States–Canadian Transboundary Water Management, Noah D. Hall

Noah D Hall

The Boundary Waters Treaty of 1909 has now provided the foundation for transboundary United States-Canadian water management for a century. During the one hundred years that the Boundary Waters Treaty has been in place, both the law and the world in which the law operates have changed dramatically. Some of the most relevant and significant changes have been several fold increases in population and thousand fold increases in gross domestic product in North America with correlating increased environmental impacts, the growth of international law and governance institutions, the emergence of modern environmentalism and the resulting creation of domestic and international …

The Evolving Role Of Citizens In United States-Canadian International Environmental Law Compliance, Noah D. Hall

Noah D Hall

Citizen participation is critical in environmental law compliance. While citizens often have a major role in advancing compliance with domestic environmental law, citizens have historically had a much more limited role in international environmental law. However, a new model is emerging North America. The role of citizens in United States-Canadian international environmental law compliance has expanded greatly over the past several decades. Beginning in the 1970’s with increased public participation in binational governance agreements and expanding in the past two decades to formal roles in monitoring implementation of international environmental agreements, citizen participation is now central in the United States-Canadian …

Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall

Noah D Hall

Addressing transnational pollution requires both international and domestic law. Transnational pollution is an international problem that demands and deserves the attention of international legal mechanisms such as treaties, agreements, arbitration, and international management and governance. At the same time, transnational pollution problems can often be addressed more effectively and efficiently through the domestic legal system. An ideal approach is to harmonize transnational pollution management and dispute resolution under international and domestic law. This article seeks to provide pragmatic, feasible, and politically realistic solutions to transnational pollution by harmonizing international and domestic law. However, given the diversity in geography, domestic legal …

Bilateral Breakdown: U.S. – Canada Pollution Disputes, Noah D. Hall

Noah D Hall

The United States and Canada have one of the strongest bilateral relationships in the world, and the history of cooperation and diplomacy on environmental matters has been a major part of their relationship. However, as some recent efforts to resolve U.S.- Canadian pollution disputes through diplomacy and international law have failed, environmental advocates have looked to domestic litigation in U.S. courts to vindicate their rights. Is this a welcome development for environmental protection or a troubling trend for bilateral diplomacy? This essay explores the recent developments with a historical perspective and provides some recommendations for balancing the competing interests of …

Book Review Essay: Canada's Constitutional Cul De Sac, Richard Kay

Richard Kay

Book reivew of 'Constitutional Odyssey: Can Canadians Become a Sovereign People?', by Peter H. Russell (Toronto, University of Toronto Press, 2004).

The Secession Reference And The Limits Of Law, Richard Kay

Richard Kay

When the Supreme Court of Canada issued its judgment on the legality of "unilateral" Quebec secession in August 1998 many Canadians did not know what to make of it. The Court held that the only lawful way in which Quebec might depart the Canadian federation was through one of the amendment mechanisms provided in the Constitution Act 1982. It thus affirmed that Quebec could not secede without the agreement of at least the Houses of the federal Parliament and some number of provincial legislative assemblies. Prime Minister Chretien declared the next day that the judgement was a "victory for all …